®Planning appeal decision
10 East Street, Brighton, BN1 1HP
Planning appeal 3322964 at 10 East Street, Brighton, BN1 1HP (Brighton and Hove City Council) was dismissed on 1 December 2023 by Inspector Gethin T, by written representations. The main issue, as the Inspector framed it: Whether the living conditions of future occupiers of the proposed development would be sufficient, with particular regard to daylight and outlook for Flat 1 and daylight, outlook and privacy for Flat 2.
Change of use of the space above the rear of an existing shop (Class E) to residential flats (C3) to create 2no 1b/2p flats
- Authority
- Brighton and Hove City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Gethin T
- Postcode
- BN1 1HP
Main issues, as the Inspector framed them
- Whether the living conditions of future occupiers of the proposed development would be sufficient, with particular regard to daylight and outlook for Flat 1 and daylight, outlook and privacy for Flat 2
What decided it
The significant harm arising from inadequate daylight, outlook and privacy for Flat 2's occupiers, which would not be remedied by available mitigation measures, outweighs the limited housing benefits of the scheme when assessed against the Framework taken as a whole.
The significant harm to living conditions for Flat 2's occupiers outweighed the relatively limited benefits of housing supply and sustainable location, such that the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits when assessed against the Framework, and the presumption in favour of sustainable development did not apply.
What the Inspector cited
- Development plan policies
- Policy DM1Policy DM20
- National Planning Policy Framework
- Paragraph 11
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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- Notice varied and upheld12 August 202633569778 Queens Gardens, Brighton, BN1 4AR
The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.